WISCONSIN DEPARTMENT OF

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Wisconsin Department of Regulation & Licensing

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STATE OF WISCONSIN BEFORE THE PHARMACY EXAMINING BOARD

IN THE MATTER OF THE DISCIPLINARY : PROCEEDINGS AGAINST

: FINAL DECISION AND ORDER JOHN SOCEKA, R.Ph., :

RESPONDWT.

The parties to this action for the purposes of Wis. Stats. sec. 227.53 art?:

John Soceka 5750 Meadowood Dr. Madison, WI 53711

Attorney J. Thomas Haley 310 N. Midvale Blvd. Madison, WI 53711

Pharmacy Examining Board P-0. Box 8935 Madison, WI 53708-8935

Department of Regulation & Licensing Division of Enforcement P.O. Box 8935 Madison, WI 53708-8935

The parties in this matter agree to the terms and conditions of the attached Stipulation as the final disposition of this matter, subject to the approval of the Board. The Board has reviewed this Stipulation and considers it acceptable.

Accordingly, the Board in this matter adopts the attached Stipulation and makes the following:

FINDINGS OF FACT

1. That John Soceka, Respondent herein, was at all times relevant to this proceeding duly licensed under the provisions of Chapter 450, Wis. Stats., to practice as a registered pharmacist in the state of Wisconsin.

2. That John Soceka holds a license as a pharmacist, number 8111, granted February 3. 1971.

3. That the Respondent's date of birth is December 28, 1945, and his current address is 5750 Meadowood Drive, Madison, Wisconsin 53711.

4. From November, 1980, until May 28, 1985, Respondent was the managing pharmacist at a community pharmacy in Madison. Wi,sconsin.

a.’ 0 .., . ‘, i .\ ” ._,_ *, < ‘! i-, c.- ” I~

: ‘Y/ _I ! ! r-< / 5. From'Noie'e;nber 21, 1981, through April 3, 1985, Respondent dispensed

the following medications to T.R.:

11,21/81 11,23,81 11,25/81 12/10/81 12/19/81 12128181 12/31,81 ;;I;';;;

01~0b32 01,09,82 02,18,82 (Refill) OS,03182 05,03/82 05/11/82 05/15,82 05,18,82 05/21,82 05125182 05,27,82 05/27,82 06/14/82 06,14/82 06/18/82 06124182 07,09/82 07112182 09124182 09124182 09124182 09/30,82 10/07/82 (Refill) 10,08,82 10/09,82 (Refill) 10,11,82 10,12,82 10,13/82 10,21,82 10,21,82

10/25/82 10,29,82 (Refill)

Script N!.d?sz

Prescribing Practitioner Quantity

219421 Huffer 30 Darvon N-100 8157 Zurkowski 12 Dilaudid 2 mg 219454 (?I ? Darvocet 8169 Bryan 6 . Dilaudid 2 mg 8175 Hartjes 6 Dilaudid 2 mg 220620 Bryan ? Talwin 50 mg 220721 Bryan 25 Darvon N-100 220620 Bryan ? Talnin 50 mg

220960 Ridley 20 Valium 5 mg 220961 Ridley 90 Tussionex 220960 Ridley 20 Valium 5 mg

224842 Madson 50 Valium 5 mg 8265 Madson 50 Dilaudid 2 mg 8269 Madson 50 Dilaudid 2 mg 225294 Springer 180 Tussionex 225347 Madson 100 Valium 10 mg 8276 Madson 100 Dilaudid 2 mg 225294 Springer 180 Tussionex 225663 Madson 100 Valium 10 mg 8283 Madson 100 Dilaudid 2 mg 8290 Madson 100 Dilaudid 2 mg 226181 Madson 100 Valium 10 mg 8292 Madson 100 Dilaudid 4 mg 8299 Madson 30 Dilaudid 2 mg 226962 Madson 100 Valium 10 mg 8306 Madson 100 Dilaudid 4 mg 8359 Madson 50 Talwin 299585 Madson 30 Tetracycline 250 229586 Madson 210 Tussionex Susp 229781 Madson 100 Valium 10 mg 229586 Madson 210 Tussionex Susp

8373 Madson 229585 Madson

8377 Madson 8378 Madson 8381 Madson 230537 Madson 8388 Madson

230667 Madson 230667 Madson

3';

100 25 30

100 100

480 480

Dilaudid 4 mg Tetracycline 250

Talwin 50 Dilaudid 4 mg Morphine 30 mg Valium 10 mg Hydromorphone 2 q g E;;;;zxDilaudid)

Tussionex

2

10/29/82 11/04/82 11/05/82 11/09/82 11/09/82 11/15/82 11/15/82 (Refill) 12/07/82 (Refill) 12/07/82 (Refill) 10/29/83 12/21/83 01/09/84 08124184 09114184 (Refill) 09/19/84 (Refill) 09/28/84 (Refill) 09128184 09128184 10129184 11/10/84 11127184 11/29/84 12/08/84 12/21/84 OllO5l85 01/21/85 01128185 01/28/85 03/02/85 03/29/85 04/03/85

6.

Script IYlE!bw

8400 8403 8404 8407 8406 8412 230537

230537

230667

244078 245811 246321 253267 253267

253267

253267

254169 254170 8905 256041 256729 08933 257107 257576 258016 258534 258641 08979 8998 9019 9021

Prescribing Practitioner

Madson Madson Madson Madson Madson Madson Madson -

Madson

Madson

Twecton Bussan Bussan Kozlov Kozlov

Kozlov

Kozlov

Koewler Koewler Cesarec Rosenkranz Kozarek Sheard Berlage Rosenkranz Jayne Garlech Rosenkranz Shook Zarbock Cummens Hadjokas

Quantity

50 60 28 30

100 50

100

100

480

15 40 40 60 30

60

60

120 cc 20 30

Pint 20

,100 15

Pint 6 oz

12 240 cc

8 120

60 16

Morphine 30 mg Hydromorphone 2 mg Morphine 30 mg Aydromorphone 4 mg Hydromorphone 3 mg Morphine 30 mg Valium 10 mg

Valium 10 mg

Tussionex

Mucostatsn Ointment APAP #3 APAP #3 Centrax 10 mg Centrsx 10 mg

Centrax 10 mg

Centrax 10 mg

Tussionex Dimetap Ext Talwin NX Tussionex Clonidine Dilaudid 4 mg Clondine 2 mg Tussionex Tussionex (?I Tussionex Susp Dilaudid 2 mg Dilaudid 4 mg Dilaudid 4 mg Dilaudid 4 mg

At some point in time, the Respondent should have known that T.R. was a drug abuser.

7. On March 2, 1984, Respondent sold 100 hypodermic syringes to T.R. Said purchase was recorded in the pharmacy's Hypodermic Syringe Needle Sales Record. The intended use of the syringes was listed as "hobby."

a. Oo an unknown number of occasions in 1983-85, the pharmacy for which the Respondent was managing pharmacist sold hypodermic syringes to T.R., sometimes in boxes of 100 syringes. T.R. purchased from Respondent an average of 800 syringes per year. It was the policy of the pharmacy for which Respondent was managing pharmacist to require purchasers of hypodermic syringes to sign the Sales Record on the first purchase only.

9. From January 8, 1982, through January 12, 1985, Respondent dispensed the following medications to R.H.:

02128179 04/03/79 01/08/82 06/28/82 08/12/82 08112fa2 08123182 08125182 08/25/82 09107182 09115182 09122182 (Refill) 09122182 10/06/82 1OlObl82 1OlObl82 10107182 10/12/82 10/14/82 10114182 10115182 10/23/82 10/26/82 10/26/82 11/10/82 11/13/82 11113182 (Refill) 11/19/82 11123182 11/29/82 11129182 11129182 12/03/82 (Refill) 12/03/82 12103182 12104182

Script Prescribing Number Practitioner

7251 N.O. Callaway 30 Methaqualone 300 mg 7302 N.O. Callaway 30 Methaqualone 300 mg 8189 BlL5SElI-l 20 Dilaudid 2 mg 08293 Madson 15 Dilaudid 2 mg 8323 H**SO* 45 Dilaudid 4 mg 228133 H**SO* 45 Tetracycline 200 mg 8340 Berman 12 Dilaudid 4 mg 228566 Vig Pint Tussionex 8343 Mayer a Talwin 50 228914 Duerst 100 PRL Generic 8351 Madson 95 Talwin 50 228914 Duerst 100 PRL Generic

229524 Marty 8371 Bostwick 230005 Bostwick 230006 Bostwick 8372 HsJlllan 8379 Bostwick 230298 Madson 8383 Madson 230371 Zolot 8395 Tony 8397 Madson 230715 Madson 8409 Schaeffer 8411 Madson 230298 Madson

90 ?

30 28 15 30

100 100

60

$34) 100

10 100 100

Tussionex Dilaudid 4 mg Soma 35 Erythro 250 Dilaudid 4 mg Dilaudid 4 mg Valium 10 mg Talwin 50 PBZ 50 Dilaudid Dilaudid 4 mg Valium 10 mg Dilaudid 4 mg Dilaudid 4 mg Valium 10 mg

8416 Madson 100 Dilaudid 2 mg 8418 Madson 75 Dilaudid 3 mg 231859 Madson 100 Generic Marax 231860 Madson 100 Tussend 8423 Madson 100 Hydromorphone 2 mg 230715 Madson 100 Valium 10 mg

08425 Madson 100 Hydromorphone 2 mg 232064 Madson lOO(56) Hycodan 231859 Madson 100 Generic Mat-ax

4

(Refill) 12/08/82 (Refill) 12113182 12114182 (Refill) 12114182 (Refill) 12/20/82 12128182 01103183 (Refill) 01/05/83 (Refill) 01105183 01105183 01/17/83 01/17/83 (Refill) 01125183 (Refill) 01125183 (Refill) 01/26/83 (Refill) 01126183 (Refill) 01126183 (Refill) 01128183 (Refill) 02102183 (Refill) 02102183 (Refill) 02108183 (Refill) 02108183 (Refill) 02108183 (Refill) 02108183 (Refill) 02110183 (Refill) 02114183 02117183 (Refill)

Script Number

Prescribing Practitioner' Quantity

232064 Madson lOO(56)

8433 232064

Madson Madson

231860 Madson 100

8436 8442 232064

Madson Madson Madson

100 120 lOO(56)

231859 Madson 100

233123 8443 8445 231859

Madson Madson Madson Madson

1 100 120 100

Madson 100 NOTE: This is a Schedule II refill. 232064 Madson lOO(56)

8443 Madson 100 NOTE: This is a Schedule II refill. 231860 Madson 100

232064 Madson lOO(56)

230715 Madson 100

230298 Madson 100

231860 Madson 100

231860 Madson 100

234708 Madson 120 234708 Madson 120

233123

232064

233123

230715

8425

Madson

Madson

Madson

Madson

1

lOO(56)

1

100

5

Hycodan

Hydromorphone 2 mg Hycodan

Tussend

Hydromorphone 4 mg Hydromorphone 4 mg Hycodan

Generic Marax

Proventil (Inhaler) Hydromorphone 4 mg Hydromorphone 4 mg Generic Marax

Proventil (Inhaler)

Hycodan

Proventil (Inhaler)

Valium 10 mg

Hydromorphone 2 mg

Hycodan

Hydromorphone 4 mg

Tussend

Hycodan

Valium 10 mg

Valium 10 mg

Tussend

Tussend

Hycodan Hycodan

02/17/83 (Refill) 02/19/83 (Refill) 02123183 02123183 02/25/83 (Refill) 02125183 (Refill) 03/07/83 03/07/83 03/07/83 03/11/83 (Refill) 03/11/83 (Refill) 03114183 (Refill) 03122183 (Refill) 03123183 (Refill) 03128183 (Refill) 03/28/83 (Refill) 04/02/83 (Refill) 04/02/83 04/02/83 04/02/83 04/02/83 04/02/83 04104183 04/04/83 04/04/83 04/04/83 04/04/83 04/04/83 04116183 04/16/83 04/20/83 04/20/03 04127183 04128183 04/28/83 04/30/83 (Refill) 04/30/83

Script -

231854

Prescribing Practitioner

Madson

231860 Madson

235012 Madson 235013 Madson 235013 Madson

234708 Madson

235439 Mayer 235440 Madson 8481 Mayer 235013 Madson

235440 Madson

235440 Madson

235440 Madson

235013 Madson

235013 Madson

235440 Madson

235013 Madson

uy

100

100

120 120 120

120

120 16

120

120

120

120

120

120

120

120 NOTE: Dr. Madson died 04/01/83.

30 40 24 40 24

Unknown 30 12

6 Unknown Unknown Unknown Unknown

30 36 24

236390 Vig 236391 Vig 236392 Vig 236397 Herm 236398 Herm 236406 Starky 236407 Starky 236408 Hesse 236404 Nesse 236410 Unknown 236411 Unknown 237007 Jeffries 237006 Jeffries 237161 Lief 237162 Lief 237449 Bruhn 237450 Innowile 237451 Innowile 231859 Madson

24 100

Tedral SA Tetracycline 250 mg Tussionex 1losone Hycodan Hycodan EES Tussionex Vibramycin E-Mycin Phenergan Exp Hycodan Erythro Erythro Hycodan Hycodan Amoxicillin 250 Hycodan Generic Marax

237599 Kief 30 Ampicillin 250

Generic Marsx

Tussend

Talwin 50 Valium 10 mg Valium 10 mg

Hycodan

Erythromycin Hycodan Talwin Valium 10 mg

Hycodan

Aycodan

Hycodan

Valium 10 mg

Valium 10 mg

Hycodan

Valium 10 mg

6

i .

La.?

04/30/83 05/05/83 05/11/83 05/11/83 05125183 05131183 06/10/83 (Refill) 06/10/83 (Refill) 06125183 06125183 07/09/83 (Refill) 07/11/83 (Refill) 07119188 Unknown (Refill) 08/02/83 (Refill) 08/11/83 (Refill) 08/11/83 (Refill) 08116183 08/16/83 08124183 (Refill) 09/03/83 09/03/83 09/16/83 (Refill) 09/16/83 09116183 09122183 09122183 09128183 09128183 09129183 (Refill) 10/17/83 (Refill) 10117183 (Refill) 12120183 12120183 01/09/84 (Refill)

Script Prescribing Number Practitioner Quantity

237600 Kief 6 0s 237821 BrlJWll 36 238045 Bergman Unknown 238044 Bergman 12 238638 Wheaton 12 238827 Heersma 21 231860 Madson 100 NOTE: Dr. Madson died 04/01/83. 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 239849 Anschveti 4 OS 239850 Anschveti 20 231859 Madson 100 NOTE: Dr. Madson died 04/01/83. 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 240544 Marty 24 240544 Marty 24

Hycodan Hycodan tablets Ampicillin 250 Tussionex Tussionex Hycodan Generic Marax

Proventil (Inhaler)

Hycodan E-Mycin 250 Generic Marax

Proventil (Inhaler)

Tussionex Tussionex

233123 Marty 1 Proventil (Inhaler)

233123 Marty 1 Proventil (Inhaler)

231859 Madson 100 NOTE: Dr. Madson died 04/01/83. 241509 Marty 4 oz 241510 Marty 40 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 242199 Gander 24 242200 Gander 2 OS 241510 Marty 40

Generic Marax

Tussionex Marax Proventil (Inhaler)

Ampicillin 250 Tussionex Marax

242636 Marty 100 242637 Marty 3 oz 243007 Marty 120 243006 Marty Unknown 243006 Marty Unknown 243007 Marty 4 OS 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 243006 Marty Unknown

233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 245780 Vig 30 245781 Vig 4 OS 242636 Marty 100

7

Generic Marax Tussionex Tussionex as Generic Marax Erythro 250 Tussionex Proventil (Inhaler)

Generic Marax

Proventil (Inhaler)

E-Mycin 333 mg Tussionex Susp Generic Marax

01/09/84 (Refill) 01/16/84 03/02/84 (Refill) 03/02/84 (Refill) 04/16/84 04/16/84 04/18/84 05lO8l84 05/08/84 05/08/84 05/08/84 (Refill) 051 Iof84 05/21/84 (Refill) 05121184 (Refill) 06/09/84 06/11/84 06/11/84 06/13/84 07/17/84 (Refill) 07126184 08/31/84 (Refill) 08/31/84 (Refill) 09114184 09/14/84 09/14/84 09/17/84 (Refill) 10104184 10/10/84 lo/lo/84 (Refill) 10/10/84 (Refill) 10126184 10/31/84 (Refill) 10/31/84 (Refill) 11/21/84

Script Prescribing Number Practitioner Q&q,&&

233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 246525 Vig 4 OS 242636 Marty 100

Proventil (Inhaler)

Tussionex Generic Marax

233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 249388 Brahn 40 249389 Brahn 42 8778 Shook, DDS 4 8791 Steph W Rater DDS 20 250029 Ellingstad 40 250030 Ellingstad 24 243006 Marty Unknown

Proventil (Inhaler)

Ampicillin 250 Tussionex Dilaudid 2 mg Hydromorphone 4 mg Tetracycline 250 Tussionex Generic Marax

8796 M.M. Tuttle, DDS 10 Aydromorphone 4 mg 243006 Marty Unknown Generic Marax

233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 251039 Albarca 24 251065 Becker 20 8819 Becker 15 8824 Liebl 18 243006 Marty Unknown

Proventil (Inhaler)

Tussionex Generic EES Dilaudid 4 mg Methadone 10 mg Erythro 250

8856 O'Connell 15 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 243006 Marty Unknown

Percodan Proventil (Inhaler)

Generic Marax

8878 Liebl 18 253757 Liebl 36 8884 Liebl 18 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 254338 Scott 24 08890 Thielke 30 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 243636 Marty 100

Dolophine 10 mg Tussionex Dolophine 10 mg Proventil (Inhaler)

8903 Liebl 18 233123 Madson 1 NOTE: Dr. Madson died 04/01/83. 242636 Marty 100

8929 Lampman 8 256509 Lsmpman 30

Tussionex Tab Hydromorphone 4 mg Proventil (Inhaler)

Generic Marax

Dolophine 10 mg Proventil (Inhaler)

Generic Marsx

Dilaudid 4 mg E-Mycin 250

8

Script Prescribing Date Number Practitioner Quantity m.s

11/29/84 08935 Schroeder 20 Dilaudid 2 mg 01/04/85 8964 Liebl 18 Dolophine 6 mg 01/12/85 258281 Priest 4 OS Lindane

10. At some point in time, the Respondent should have known that R.H. was a drug abuser.

11. Respondent, as managing pharmacist, failed to keep proper records and allowed the improper recording on R.H. '6 patient profile card of the renewal of two Schedule II controlled substances, Hydromorphone, 2 mg, and Hydromorphone, 4 mg, when such prescription orders were not actually renewed.

12. Respondent, as managing pharmacist, permitted certain prescription medications to be dispensed or renewed to R.H. and permitted R.H.'s patient profile card to state that such prescriptions were pursuant to prescription orders of Dr. W.L. Madson (see paragraph 9 above). Dr. Madson died April 1, 1983, and Respondent knew, or should have known, that Dr. Madson was deceased at the time the pharmacy for which he was the managing pharmacist renewed the prescriptions. The renewals were for the following drugs: generic Marax and Proventil (inhaler). The pharmacy for which the Respondent was the managing pharmacist renewed the prescription for Proventil (inhaler) on five occasions falling more than one year past the last possible date of a written or verbal renewal from the deceased physician.

13. On an unknown number of occasions from 1982 through 1985, the pharmacy for which the Respondent was managing pharmacist sold hypodermic syringes to R.H., who the Respondent should have known was a drug abuser. R.H. purchased from the pharmacy an average of 100-200 syringes every two weeks. R.H. did not purchase insulin from the pharmacy.

14. From September 3, 1983, through January 28, 1985, the pharmacy for which the Respondent was managing pharmacist dispensed the following . . medxatlons to J.H., who at some point in time the Respondent should have known was a drug abuser:

Script Prescribing L!&? - Practitioner Quantity &x&g

09/03/83 242201 Janicek 10126183 243968 Armstrong 11104183 8645 Tumerman 11/04/83 244301 Tumerman 11/04/83 244302 Tumerman 11/11/83 8651 SYtY 11/12/83 244562 SYtY 11/12/83 244561 Tumerman 11/12/83 244574 SYtY 12/08/83 8673 Selfridge

100 Valium 5 mg 120 Lioresal 100 Dilaudid 2 mg 100 Valium 5 mg 100 Bacloten 10 mg 100 Dilaudid 2 mg 120 Bacloten 10 mg

12 Septra DS 120 Valium 5 mg

90 Dilaudid 2 mg

9

script

01/03/84 01/05/84 01/05/84 01/05/84 01/05/84 01/06/84 01/12/84 01/16/84 01/19/84 01/21/84 (Refill) 02/06/84 (Refill) 02/09/84 02/09/84 02/09/84 02122184 02129184 02129184 02129184 03105184 03/08/84 03/09/84 03/09/84 03121184 (Refill) 04/11/84 (Refill) 05/01/84 05/09/84 06/15/84 08118184 11/07/84 11/07/84 11128184 11128184 12107184 12/19/84 (Refill) 12122184 01/04/85 01/04/85 01/04/85 01/28/85 01/28/85

8696 246175 246176 246202 246203 246257 246439 08710 8712 246203

246176

8727 247326 247327 247327 247327 8738 247853 8746 248260 248320 8752 247327

247327

249834 a793 8825 252972 255907 08912 256743 08932 8944 256743

a954 08963 257962 257963 08977 258746

Prescribing Practitioner

Gay GXlllOIl Gay Ghan Ghan GWS-SlOll Timmerman Drabinawicz Gay Ghan

Gay Gay Gay Gay Gay CrOClan Croclan Gay Gay Hisgen Hisgen Gay

Agpoon Jones-Nosacek Marquis Alsempzer Klockow Klockow Carlson Carlson Carlson Carlson

Nordin Steneman Steneman Steneman Sullivan Sullivan

Quantitv

120 24

120 120

60 120

402 30

120 60

120

120 Unknown 120 120 120 100 120 120

4 oz 120 120 120

120

8 oz 15 12

240 30 30

100 50 50

8 60 60 60 50

100

Dilaudid 2 mg Cephradine Valium 5 mg Lioresal Valium 5 mg Gen Synalgos DC Tussend Elixir Dilaudid 2 mg Dilaudid 2 mg Valium 5 mg

Valium 5 mg

Dilaudid 2 mg . Colace Diazepam 5 Diazepam 5 Diazepam 5 Dilaudid 2 mg Valium 5 mg Dilaudid 2 mg Tussionex Valiom 5 mg Dilaudid 4 mg Diazepam 5

Diazepam 5

Tussionex Dilaudid 4 mg Dilaudid 4 mg Tussionex Susp Valium 5 mg Dilaudid 4 mg Valium 5 mg Dilaudid 4 mg Dilaudid 4 mg Valium 5 mg

Dilaudid Dilaudid 4 mg Valium 5 mg Lioresal Dilaudid 4 mg Valium 5 mg

15. Oo an unknown number of occasions in 1984-85, the pharmacy for which Respondent was managing pharmacist sold hypodermic syringes to J.H. J.H. purchased from Respondent 500-1000 needles/syringes during an 18-month period (1984-85).

16. On May 8, 1985, James Krudwig, Investigator for the Department of Regulation and Licensing, obtained from Respondent's pharmacy original patient profile cards for three patients: T.R., R.H., and J.H. Mr. Krudwig then photocopied the original patient profile cards that date and returned the original patient profile cards to Respondent on May 9, 1985.

17. On May 9, 1985, Mr. Krudwig questioned Respondent regarding his dispensing of Dilaudid and other controlled substances over the prior 3-4 year period to the three (3) patients listed in paragraph 16 above.

18. On May 10, 1985, Mr. Krudwig again visited Respondent's pharmacy in Madison, Wisconsin. On that date, Mr. Krudwig noted that the original patient profile cards of T.R., R.H., and J.H. had been changed. Respondent had added to the cards, in pencil, the method by which he had allegedly verified the prescriptions, some of which had been dispensed as much as three and a half years previously.

19. On May 10, 1985, James Krudwig, Investigator for the Department of Regulation and Licensing, requested the Respondent provide the original Schedule II prescription orders for medications dispensed in 1980-85. Although these prescription orders had been reviewed by Mr. Krudwig previously, the Respondent claimed on May 10, 1985, that he could not locate any prescription orders prior to March 5, 1985.

20. The Schedule V Sales Register of Consumer's Pharmacy was examined for the period December 13, 1983, to February 29, 1984 (approximately 78 days). The sales register indicated 13 instances involving sales in violation of the 48-hour rule. Four of these sales were made by the Respondent. Said sales were as follows:

Date of Sale Name of Customer

01/03/84 J.C. 01/04/84 J.C.

12/17/83 G.B. 12117183 G.B.

12122183 G.B. 12123183 G.B.

01/13/84 G.B. 01/14/84 G.B.

01/17/84 G.B. 01118184 G.B.

Drucrs Sold

Novahistine DH Cheracol

Novahistine DH Novahistine DA

Cheracol _ Cheracol

Cheracol (no drug listed)

Cheracol Cheracol

11

Date of Sale Name of Customer

01/31/84 D.F. 02/01/84 D.F.

12/17/83 12117183

A.K. A.K.

01/13/84 A.K. 01/14/84 A.K.

02/01/84 A.K. 02/02/84 A.K.

12117183 D.M. 12117183 D.M.

12126183 D.M. 12127183 D.M.

01124184 T.S. 01/25/84 T.S.

12117183 12117183

N.L.W. N.L.W.

Druas Sold

Terpin Hydrate with codeine Cheracol

Cheracol Terpin Hydrate with codeine

Terpin Hydrate with codeine Terpin Hydrate with codeine

Terpin Hydrate with codeine Terpin Hydrate with codeine

Novahistine DH Novahistine DH

Novahistine DH Novahistine DH

Cheracol Cheracol

Terpin Hydrate w'ith codeine Terpin Hydrate with codeine

21. Respondent as managing pharmacist was responsible for the professional operations of the pharmacy. Respondent established a procedure which did not adequately monitor whether Schedule V controlled substances were dispensed and sold in good faith as a medicine, or whether said substances were dispensed and sold other than for a medical purpose or for purposes of evading the Uniform Controlled Substances Act.

22. The Schedule V sales register of Respondent's pharmacy was examined for the period December 13, 1983, to February 29, 1984. The sales register indicated 30 individuals who made from 6 to 34 purchases of Schedule V controlled substances during the 78-day period. Said sales were as follows:

Name of Customer Total Purchases Freauencv Avera=

A.K. 34 in 77 days 2.3 days D.R. 31 in 78 days 2.5 days Ms. G. 30 in 75 days 2.5 days G.B. 29 in 76 days 2.6 days D.M. 28 in 76 days 2.7 days D.F. 23 in 75 days 3.3 days T.S. 22 in 77 days 3.5 days P.S. 08 in 29 days 3.6 days D.L. 21 in 75 days 3.8 days P.W. 19 in 75 days 3.9 days K.W. 06 in 25 days 4.2 days

12

Name of Customer

M.L. D.P. L.R. E.C. L.F. S.V. W.S. T.P. S.A. K.G. D.S. J.F. S.B. C.S.K. W.S.G. B.T. S.G. L.P. W.M.

Total Purchases

12 in 51 days 16 in 71 days 08 in 35 days 09 in 40 days 16 in 72 days 17 in 77 days 07 in 35 days 15 in 75 days 14 in 78 days 09 in 52 days 11 in 66 days 07 in 42 days 12 in 76 days 11 in 73 days 08 in 61 days 08 in 69 days 07 in 62 days 06 in 55 days 07 in 73 days

Freauencv Average

4.3 days 4.4 days 4.4 days 4.4 days 4.5 days 4.5 days 5.0 days 5.0 days 5.6 days 5.8 days 6.0 days 6.0 days 6.3 days 6.6 days 7.6 days 8.6 days 8.9 days 9.2 days

10.4 days

23. James Krudwig, Investigator, Department of Regulation and Licensing, visited Respondent's pharmacy on May 9, 1985, and obtained from Respondent the then-current Schedule V controlled substances sales register which listed sales from October 1, 1983, through May 3, 1985. Mr. Krudwig then photocopied all page entries for the period December 13, 1983, through May 3, 1985. On May 10, 1985, the original sales register was returned to Respondent.

24. On May 11, 1987, Mr. Krudwig contacted Respondent's former pharmacy to again obtain the original Schedule V sales register for the period October 1, 1983, through May 3, 1985. The present pharmacy manager was unable to locate any of the Schedule V sales registers for the period November, 1980, through May, 1985, during the time period the Respondent had been pharmacy manager.

25. On May 9, 1985, the investigator examined the stock shelves and discovered a considerable number of outdated/expired drugs.

26. Respondent last practiced pharmacy on January 10, 1986.

CONCLUSIONS OF LAW

1. The Wisconsin Pharmacy Examining Board has jurisdiction over this matter and authority to take disciplinary action against the Respondent pursuant to Wis. Stats. sec. 450.10(l) and Wis. Adm. Code Ch. Phar 10.

2. The Wisconsin Pharmacy Examining Board is authorized to enter into the attached Stipulation pursuant to Wis. Stats. sec. 227.44(5).

13

. . . .

3. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraphs 5-8 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sec. 450.10(l) [formerly sec. 450.02(7) (Laws of 198l)l and Wis. Adm. Code sets. Phar 7.01(l)(a) [formerly sec. 1.19(l) (Register, August, 1979, No. 284)1, 8.04(l) [formerly sec. 6.04(l) (Register, August, 1979, No. 284)1, former sec. 1.09 (Register, August, 1979, No. 284), and 10.03 [formerly sec. 5.03 (Register, January, 1980, No. 28911 in that as a pattern of practice he dispensed to T.R. controlled substances, other prescription drugs and hypodermic syringes of a type and in a frequency which indicated a disregard for his responsibility to ensure they were dispensed for a legitimate medical purpose, thus engaging in pharmacy practice which constituted a danger to the health, welfare or safety of patient or public and in a manner which substantially departed from the standard of care ordinarily exercised by a pharmacist.

4. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraphs 9-11 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sets. 450.10(l) [formerly sec. 450.02(7) (Laws of 1981)] and 161.38(2) and Wis. Adm. Code sets. 7.01(l)(a), 8.04(l), 8.06(l), and 10.03(l), (3), and (4) [formerly sec. 5.03(l), (3), and (4) (Register, January, 1980, No. 289)] in that he recorded renewals for two Aydromorphone prescription orders when such prescriptions were not actually renewed.

5. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraphs 9-13 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sec. 450.10(l) [formerly sec. 450.02(7) (Laws of 198l)l and Wis. Adm. Code sets. Phar 7.01(l)(a) [formerly sec. 1.19(l) (Register, August, 1979, No. 28411, 7.03, 8.04(l) [formerly sec. 6.04(l) (Register, August, 1979, No. 284)], and 10.03 [formerly sac. 5.03 (Register, January, 1980, No. 289)] in that as a pattern of practice he dispensed to R.A. controlled substances, other prescription drugs and hypodermic syringes of a type and in a frequency which indicated a disregard for his responsibility to ensure they were dispensed for a legitimate medical purpose, and which indicated a violation of prescription renewal limitations, thus engaging in pharmacy practice which constituted a danger to the health, welfare or safety of patient or public and in a manner which substantially departed from the standard of care ordinarily exercised by a pharmacist.

6. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraphs 14-15 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sec. 450.10(l) [formerly sec. 450.02(7) (Laws of 198l)l and Wis. Adm. Code sets. Phar 7.01(1](a) [formerly sec. 1.19(l) (Register, August, 1979, No. 284)], 8.04(l) [formerly sec. 6.04(l) (Register, August, 1979, No. 284)], and 10.03 [formerly sec. 5.03 (Register, January, 1980, No. 289)] in that as a pattern of practice he dispensed to J.H. controlled substances, other prescription drugs and hypodermic syringes of a type and in a frequency which indicated a disregard for his responsibility to ensure they were dispensed for a legitimate medical purpose, thus engaging in pharmacy practice which constituted a danger to the health, welfare or safety of patient or public and in a manner which substantially departed from the standard of care ordinarily exercised by a pharmacist.

14 14

15

7. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraphs 16-18 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sets. 450.10(l) and 450.11(7)(c), and Wis. Adm. Code sets. Phar 10.03(E) and (11) in that he added to patient records when he knew his pharmacy practice was under investigation by the Department of Regulation and Licensing.

8. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraph 19 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sew. 450.10(l), 450.11(2') [formerly sec. 450.02(10) (Laws of 1981)], and 161.38, and Wis. Adm. Code sets. Phar 8.02(Z) [formerly sec. 6.02(Z) (Register, August, 1979, No. 284)], 8.03(l) [formerly sec. 6.03(l) (Register, August, 1979, No. 284)1, and 10.03(l) and (4) [formerly sec. 5.03(l) and (4) (Register, January, 1980, No. 28911 in that he failed to maintain prescription orders for at least five years from the date of dispensing.

9. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraph 20 if the Findings of Fact above and such conduct is contrary to Wis. Stats. sets. 450.10(l) [formerly .sec. 450,02(7) (Laws of 1981)], 161.23(5) and 161.38(4), and Wis. Adm. Code sets. Phar 10.03(l), (3), and (4) in that he dispensed and supplied Schedule V controlled substances in violation of the 48-hour rule and as prohibited by law.

10. Respondent engaged in unlawful and unprofessional conduct as sat forth in paragraph 21 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sets. 450.10(l) [formerly sec. 450.02(7) (Laws of lPSl)], 161.23 and 161.38(4) and Wis. Adm. Code sets. Phar 8.02 and 10.03(l), (31, (4), and (14) in that as a pattern of practice he failed to ensure and determine that Schedule V controlled substances were dispensed and sold in good faith as a medicine.

11. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraph 22 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sets. 450.10(l) [formerly sec. 450.02(7) (Laws of 198111, 161.23(l), and 161.38(4) and Wis. Adm. Code .sec. Phar 10.03, and that as a pattern of practice he failed to ensure that Schedule V controlled substances were dispensed in good faith as a medicine, thus engaging in pharmacy practice which constituted a danger to the health, welfare or safety of patient or public and in a manner which substantially departed from the standard of care ordinarily exercised by a pharmacist.

12. Respondent engaged in unlawful and unprofessional conduct as set forth in paragraphs 23-24 of the Findings of Fact above and such conduct is contrary to Wis. Stats. sec. 450.10(l) and Wis. Adm. code sew.. Phar 8.02 and 10.03(l) and (4) in that he failed to maintain the Schedule V controlled substances sales register for at least five years from the date of dispensing.

Therefore, it is hereby ORDERED:

That the Stipulation of the parties, attached hereto, is accepted.

IT IS FURTHER ORDERED:

1. That the Wisconsin Pharmacy Examining Board accepts the voluntary surrender of John Soceka's license as a pharmacist.

2. That the Respondent may not reapply for licensure until on or after January 1, 1991. In the event Respondent makes an application for relicensure before said date, the Wisconsin Pharmacy Examining Board may deny Respondent's application or reinstate his license upon terms and conditions as deemed appropriate by the Board. In the event Respondent makes an application for relicensure before January 1, 1991, the decision regarding reinstatement or, if applicable, the terms and conditions thereof, will be in the sole discretion of the Wisconsin Pharmacy Examining Board, and Respondent shall not have the right to a hearing thereon.

3. That the above Findings of Fact,' Conclusions of Law and Order constitute a Final Decision and may be considered by the Board if the Respondent reapplies for a license.

4. If, at any time, the Respondent reapplies for a license, the Respondent must provide evidence satisfactory to the Board that he is physically and psychologically capable of safely practicing as a registered pharmacist. Such evidence shall at minimum consist of the following:

A. A petition from the Respondent indicating why he is seeking the reinstatement of his license and why he feels capable of returning to practice as a pharmacist;

B. A report from a physician or a psychiatrist who has examined Respondent at a time proximate to the date of the petition for reinstatement, indicating the Respondent has no health problems, including drug or alcohol dependency or any mental or emotional disorders which would prevent him from safely and competently practicing as a registered pharmacist. If any disorders are diagnosed, the report must identify whether any counseling or therapy is recommended. The report should also identify any prescribed drugs being taken by the Respondent and the effect of each drug on the Respondent's behavior;

C. A letter from the Respondent's current employer, if the Respondent is employed in any capacity, evaluating the Respondent's work performance;

D. Three letters of reference from individuals other than Respondent's current employer, evaluating Respondent's general character and suitability to practice pharmacy.

5. That if the Respondent reapplies for license at any time, the Board may require the Respondent to be retested as deemed necessary; as a minimum requirement for retesting if the Respondent reapplies for licensure less than two (2) years from the date of this Order, the Respondent shall take and pass the Jurisprudence (related to state and federal requirements) examination by a minimum score of 75.0 before relicensure. If the Respondent reapplies for licensure more than two (2) years from the date of this Order, the Respondent, as a minimum requirement for retesting , shall take and pass each of the following examinations by a minimum score of 75.0 before relicensure [as outlined in Wis. Adm. Code sec. 3.04(2)]:

A. State Practice of Pharmacy;

B. Jurisprudence, related to state and federal requirements

6. That upon reinstatement, the Board may grant Respondent a license to practice pharmacy under terms and conditions as deemed appropriate.by the Board. Said conditions and limitations may include, but not be limited to, the following: restrictions on practice as a "managing pharmacist" or a "pharmacist-in-charge"; employer reports; accountability audits; change in employment status reports; and such other conditions as the Board may deem appropriate.

The rights of a party aggrieved by this Decision to petition the Board for rehearing and to petition for judicial review are set forth on the attached "Notice of Appeal Information".

PHARMACY EXAMINING BOARD

By:

M.JB:lmp DOEATTY-545

17

STATE OF WISCONSIN BEFORE TEE PHARMACY EXAMINING BOARD

IN THE MATTER OF THE DISCIPLINARY PROCEEDINGS AGAINST

STIPULATION JOHN SOCERA, R.PH.,

RESPONDENT.

The parties in this matter agree and stipulate as follows:

1. This Stipulation is entered into as a result of a pending investigation of John Soceka's licensure by the Division of Enforcement (case file 84 PHM 31). Mr. Soceka consents to the resolution of this investigation by stipulation and without the issuance of a formal disciplinary complaint and hearing.

2. The Respondent understands by signing this Stipulation that he voluntarily and knowingly waives his rights in this matter, including the right to a hearing on the allegations against him, at which time the State has the burden of proving the allegations by clear, satisfactory and convincing evidence, the right to confront and cross-examine the witnesses against him, the right to call witnesses on his own behalf and to compel their attendance by subpoena, the right to testify in his own behalf, the right to file objections to any proposed decision and to present briefs or oral arguments to the officials who are to render the final decision, the right to petition for rehearing and all other applicable rights afforded to him under the United States Constitution, the Wisconsin Constitution, the Wisconsin Statutes and the Wisconsin Administrative Code.

3. The Respondent does not wish to contest the allegations and statements found in the attached Final Decision and Order, and hereby voluntarily surrenders his license to practice pharmacy in the State of Wisconsin.

4. The Respondent, the Respondent's attorney, and the Complainant urge the Pharmacy Examining Board to adopt this Stipulation and the attached Final Decision and Order in this matter.

5. If the terms of this Stipulation and attached Final Decision and Order are not acceptable to the Board, then neither of the parties shall be bound by any of the terms.

6. The attached Final Decision and Order may be made and entered in this matter by the Wisconsin Pharmacy Examining Board, without prior notice to

any party.

7. All parties agree that Counsel for the Department of Regulation and Licensing, Division of Enforcement, and the Board Advisor appointed in this matter may appear before the Wisconsin Pharmacy Examining Board in either open or closed session without the presence of the Respondent to argue in favor of acceptance of this stipulation and the entry of the attached Final Decision and Order and to answer any questions the Board may have.

a. The Respondent's current licensure documents are attached to this Stipulation.

LI \ \a\wl Date

f2.J s”/ Date

MJB:lmp DOEATTY-544

Michael J/ Bernwttorney Division of Enforcement

, ~,‘)

,4 ,I /‘k-z bf J&n Soceka, Respondent

, . .

NOTICE OF APPEAL INFORMATION

(Notice of Rights for Rehearing or Judicial Review, the times allowed for each and the identification

of the party to be named as respondent)

The following notice is served on you as part of the final decision:

1. Rehearing.

Any person aggrieved by this order may petition for a rehearing within 20 days of the service of this decision, as provided in section 227.49 of the Wisconsin Statutes, a copy of which is attached. The 20 day period commences the day after personal service or mailing of this decision. (The date of mailing of this decision is shown below.) The petition for rehearing should be filed with the State of Wisconsin Pharmacy Ex,amining Board.

A petition for rehearing is not a prerequisite for appeal directly to circuit court through a petition for judicial review.

2. Judicial Review.

Any person aggrieved by this decision has a right to petition for judicial review of this decision as provided in section 227.53 of the Wisconsin Statutes, a copy of which is attached. The petibon should be flied in circuit court and served upon the State of Wisconsin Pharmacy Examining BO2.Yd

within 30 days of service of this decision if there has been no petition for rehearing, or within 30 days of service of the order finally disposing of the petition for rehearing, or within 30 days after the final disposition by operation of law of any petition for rehearing.

The 30 day period commences the day after personal service or mailing of the decision or order, or the day after the flnal disposition by operabon of the law of any petition for rehearing. (The date of mailing of this decision is shown below.) A petition for judicial review should be served won, and name as the respondent, the following: the State of Wisconsin Pharmacy Examining Board.

The date of mailing of this’declslon is May 17 ,1989

WLD: dms 886-490

i

22, ;9 Pe,,,,ons ior rehearing in contoslcd cases (1) ,\ pe,mon for rehunnS shall not be a prcrequ~e tar appeal or revrew Any person a~~gncvcd by a linal order may. wrhm 20 days airer servce or the order. file a wrwn pctmon for rehcx.nnp ivh,ch shall spcafy I” dclad the grounds for the rehcf sough1 3nd svpporung aulhonhcs. An agency may order a rehexmg on its own motion wllun 20 days after serv,ce of 3 final order This subsection dots not apply to s, 17 025 (3) (e), No agency IS requred to conduct more than one reheanng based on a petmon for rehexmg filed under th,s subscarol I” any contested case

(2) The fihng of a pcutmn for reheanng shall not suspend or delay the effeclwe date of the order. and the order shall lake efrecr on the dale fixed by the agency and shall contrnue in effecl unless rhe peulron IS granted or untd the order IS superseded. mooMcd. or set a.slde as prowded by law

(3) Rehang HIII be granted only on the bar of. (a) Some mawnal error of law. (b) Some marenal error of fact. (c) The dIscovery of new evidence sufliciently rtrong to

reverse or modIf) the order. and whrch could not have been prcwously drsco\ered by due dd,gence.

(4) COPES oipstruons for rehennn_e shall be served on all parta of record. Parttes may tile rephes to the petrtron.

(5) The agency may order 3 rehearmg or enter an order ullh reierence to the pehrlon wlhout 3. heann~, and shall &pose of the permon wnhln 30 days afrer rt 1s bled If the eecncy does nol emer an order chsposmg of the pe~rtmn wlhin Ihe IO-da) perrod. the petlnon shall be deemed to have been denled 3s of Ihe explratron of the 30.day penod.

(6) Upon Sranun_e a reheann_e. the agency shall s-e, the matter for iurthcr proceedmgs as soon as practxable. Pro- ceedmes upon rehsanng shall conform as nearly may lx to the praceedm~s ,n an ongmal heann_e excepl as Ihe aeency

may otherwse chrect. If In the agency’sJudWent. after such reheanng it appears that the on@nal decrslon, order or determ,nat,on IS in any respect unlawful or unreasonable. the agency may reverse. change, modrfy or suspend the same accordingly Any declslon. order or dewmmauon made after such rehexmg reverrm_e. changmg. modrfymg or s”s- padme the onemel deverm~natron shall have the same force and effect as an onemal deasion. order or dctermmauon.

227.52 Judicial review; deeislons reviewable. Adnums- ,ra,,ve decrslons fi~hlch adversely affect the subslanr,al mier- 6,s of any person. whether by actmn or inaction. whether ~,,ir”,aUve or “e@tl”e I,, f”“% are SubJcCt to rewew as prowdcd rn tlus chapter, except for the decwons of the department of revenue other than decmons relahng to alco- ,,,,, beverage penmts rssued under ch 125, decmons of the depxunent of employe trust funds. the comrnwoner of bankm& the comnusr~oncr of crecht unrons. the commls- s,oner of sawn@ and loan, the board of smw canvassers and those decwons of the deparunen~ of mduswy, labor and hum” relations which are SUbJcct to rewew, prior 10 any ,ud,clal rewew. by the labor and Industry rewew comrmssron. and except as otherwe prowded by law.

dlsposlng of the apphc~non ior rchunnf. or uirhln 3U dabs a1xr the tinal drsposmon by dperauon of law of an7 sach ,* apphcauon (or rehcump, The 30.day pcrlod for scrwnf and fihng a peuuon under tlm paragraph commcnccs on the day after personal serwce or muhng oTthc dccwon hi rhc agency If the pet~tmner 1s il rcsldcnl. the proccedmps shall be held 1” the c~rcwl coult l-or the coun,y u,hcre the pcnuoner rcsldes. except that ai-ihepcut,oner,san agency. the proccedm~sshall be I” the c~cut court for the county where rhc respondent resides and excepl as provldcd I” ss 77 59 (6) (b). IS2 70 (6) 1 and I82 71 (5) (f) The proccedmzs shall be I” the c,rcut j court for Dane coun(y if the pewoncr IS a nonresident. lfall parues supulate and the court to whrch the partres desire to transfer the proceedmgs agrees, the proceedmgs may be held m the counry desrgnaled by the parucs If 2 or more peullons for rewew of Ihe same decwon are filed ,n MTcrenr counws. the clrcult Judge for the county in which a pewon for rewew of the.dectslon was first tiled shall determme the \‘en”e for judual reww of the deasron. and shall order trensier or / consohdanon where appropnate. I

(b) The petmon shall sule the nature of the petmoner’s interest. the fzas showmg rh31 petmoncr IS a pcrson ag- fneved by the decwon. and the grounds spcc,fied I” s 217 57 I upon uhxh pewloner contends thxt the decwon should be reversed or modified The petwon may be amended. bv leave of court thoueh Ihe tune for scrvmS the same has crprred The petmon shall be cnmled m the,neme oCthe person senm_r I 1, as pcurloner and rhc nnmc of the a_ccnc) uhose dcclr:on 1s : sou:ht to be revlewd as respondent. except rh~l rn pcnrrons a for rewe\v of decwons of the t-oIlown@ aeenaes. the law agency specrtied shell be the named respondent:

I The tax appeals comrmss~on. the depxtmcnt of revenue. 2 The bankmerewew board ortheconsumercred~t reww

board, the cornrn~s,oner of bankmg, 3 The credll unto” rev,e!r’ board. the commissioner of

crcdll umons. 4 The sawngs and loan rewew board. the commw~oner of i

sawngs and loan. except If the petmoncr 1s the comrmsr~onsr i of sawnrs and loan. the prewhng parues before the sa~~“Ss and loan KVEW board shall bc the named rcspondenrs. 1

(c) Copxs of the pewon shell be served. personally orb) cerufied mxl. or. when serwce IS Ilmciy admlltcd m !rnun& by first class marl. not later than 30 da),s al-wr rhe ,“s~~uLKx ol the proceedmg. upon all pxues uho appcxed before the agency in the procccdmg ,n which the order sought ID b-e ; revrewed was made I

(d) The afency (except ,n the case “T the tax appeals comm,ssion and Ihe bankmr ra’rew board. the consumer crcdlt re~le\v board. the credll “nlon revreu board, and Ihe savrngs and loan reuew board) and all pa.rws to Ihe proceed- / mg before II. shall have the r&l 10 partwpae ,n the: proccedmps l-or re~~eu. The tout may pemul aher mtcr- estcd persons 10 mtervcne. Any pcrson pclmonme the court to mtervene shall serve a copy of the pcuhon on each par,) who appeared before the agent) and any addlrional parues ro Ihe JUdlWl rewew at lcast 5 days prior to lhe da~c se, for hearmg on the peWon.

(2) Every person served wlh the pch~on for rcwc\v as provided ,n this secuo” and who dcsrres to paruc,pzre 1” [he procecdm:s for rewew thereby rnsutuled shall serve upon the petmoner, wtlun 20 days al-w serwce ol the pcuuon upon such person. a nottce of appearance clearly sla.tmg the person‘s poslt~on wlh reterence to each mntcnal allc_p~l~on m the patron and to rhc alT~mxmce, vacwon or modtticulon of the order or decwon under rcv~ew Such nouce. other than by the named respondcn[. shill also bc served on the named respondem and the ~11orncy general. and shall be filed. tofuher ,wlh proolof required scrwcc thereof. \rlth rhe clerk of the rcv,wwn~ tour, wthm IO days after such sc~lce. Scrwce ofall subsequent papers or n~wes rn such proceedmg need bcmadconlyupon the pct~tronerandsuch other persons as have served 2nd filed the ncax as provided I” thrs subrccuon or have buen permmed to mtervene I” sad pro- ceedmg, as panres therelo. by order of rhe.~~~ie-w’n-e.cou”.

227.53 parties and proceedings for review. (1) Excel as i othrrwre speclfic311y prowded by law. any person aeeneved ! by a dew~,n specdied ,n s 227.52 shall be enutlcd lo JUdlC1el rewu thereof as provided rn tlus chapter

(a) Proceedmgs for rewew shall be mstrtuted by servw. e wmon therefor personally or by cerufied mnd upon Ihe qency or one of ,,s orfiaals, and fdmf the peullon rn the Oficeof the clerk of rhearcw court for the county where rhe ’ Judual rev,e,v proceedmgs are ,o be held Unless a reheanng 18 requested under s 227.49. oet~t,ons for rewew under lhrs ! pxraeraph shall be served and filed wthm 30 days eTler the sen!ce of rhe decwon of the agency upon nil pxues under s 227 49 If a reheanng IS rcqucwd under s 227 49, any par,y desmns JUdMl rewew shall serve and file a peunon ior rewed wlhm 30 days arler scrwcc of the order fmally

.